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SADA v. KOHL'S DEPARTMENT STORES, INC.

2010-01591.

79 A.D.3d 1121 (2010)

913 N.Y.S.2d 567

DONNA SADA, Respondent, v. KOHL'S DEPARTMENT STORES, INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 28, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint based upon the defense afforded to merchants under General Business Law § 218. Since the defendant failed to eliminate triable issues of fact as to whether it had reasonable grounds to detain the plaintiff, it failed to demonstrate its prima...

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